Res 2011-027 - Laserfiche WebLink

Home Browse Search

ARTICLE 11 EXTENT OF AGREEMENT 11.1 This Agreement, including appendices and referenced attachments represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior proposals, negotiations, representations or agreements either written or oral between the parties. In the event of a dispute between the City and Consultant regarding the intent of this Agreement, both parties agree that they will construe this Agreement in a manner consistent with the City's Request for Proposals, the Consultant's proposal response and the public record of the City Council's approval of this agreement as applicable. The Consultant's expenses for travel, office, production and other expenses associated directly or indirectly with this Agreement are included as part of the total fee. This Agreement may be amended only by separate written instrument, which must be signed by both the City and the Consultant. The San Marcos City Council must approve any such authorization of change in services or amendment if the compensation for which exceeds $50,000.00. 11.2 Any exhibits and /or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. 11.3 In the event of any conflict between the Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. ARTICLE 12 NOTICES 12.1 Notices required under this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City James R. Nuse, P.E., City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Fax: 512.396.4656 To the Consultant Jim Pierce, Right of Way Manager Lockwood, Andrews & Newnam, Inc. 400 W. Hopkins St., Suite 203 San Marcos, Texas 78666 Fax: 512.396.4064 ARTICLE 13 BASIS OF COMPENSATION 13.1 The total of all fees and expenses to be paid to Consultant for Basic Services as described in Sections 1.1 through 1.6 will not exceed $106,525.00. This compensation is divided among the Basic Services and Reimbursable Expenses as follows: 1.1 TASK 1— PROJECT ADMINISTRATION $ 11,550.00 1.2 TASK 2 —TITLE SERVICES $ 16,200.00 1.3 TASK 3 —RIGHT OF ENTRY AGREEMENTS $ 0.00 LAN - Downtown Underground Electric Project 12